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Show THURSDAY, DECEMBER 20, - 1978 INK DAILY tICOID Births Murray City Power Hook-up- s SI. Charles R. Weir 20 Philip m. Brown . 873 Harjane Ava, Glenn Holley 6310 So. 9th East Mr. and Mrs. Don Jones, 233 V. 2600 So. Bountiful, daughter Mr. and Mrs. Wayne L.Buckley 3031 Elaine Dr. Hunter, son Mr. and Mrs. Walter Xee,l520 S. 73 East, Bountiful, son Mr. and Mrs. Don Jones j?53 W.2600 South, daughter 1. , 8 UNIVERSITY 10 Lorraine 625 Leary Ln, dasier So. 1190 vest Roger V. Hlcholls 27 E. 6210 so. - Vayne M. COTTONWOOD Irene Bailey va. Bailey Ruby 12810 - Joe B. Aguilar vs. Charlotte Aguilar 12811 - Charlotte Thomas Behrendt Behrndt va. - Jeanlne Martinez va. Frankie Martinez 12812 - Norman Gray va. Lorsaini 12813 Gray - John L. Byara va. Sand ra Lee Byare va. Robert Lee Mlnnick va. - Susan VaLols Anderson va. Jerrold William Anderson . Divorces Granted - Brenda Suglno vs. Mich- ael Suglno D. West,ll8 Mr. and Mrs. Nick D. Larsen, 3167 2730 East, daughter Mr. and Mrs. Robert M. Perry, 137 H St. daughter Mr. and Mrs. Rocky L.Watts, 32 E. 800 So. daughter Mr. and Mrs. Owen R. Andrus, 962 S. Saphlre Cl, Sandy, - Vickie Lee Brtkey Roy William Brakey Mr. and Mrs. David G. Birch, 3163 Charlotte Ave, Kearns, Our BM-1- 1 looks like a lot of portable dictating machines look these days. End of resemblance. The difference is in what it hears. And what you hear from it. Because it's not just hifi, it's a hifi business machine. That you can get only it a guy a Sony business machine dealer who knows a businessmans needs. And that's the truth. r; SONY. dictating machines Sony keeps peeple la track." LES OLSON COMPANY 2134 Richards SL Salt Lake City, Utah 84115 Phone 486-B3- 57 con-tributor- approaching. To support their motion for summary judgment, defendants subU. C.A. 1953. a mitted memorandum wherein they cited Sec. They successfully urged that this statute was mandatory in its requirement that all motorists in approaching a railroad crossing must stop prior to crossing the track. Plaintiff concededly had not stopped prior to proceeding onto the tracks and was therefore contributorily negligent as a matter of law. Defendants further cited relevant case law analyzing a driver's duty in approaching a railroad crossing in terms of common law principles, and compared plaintiff's actions thereto. Specifically, dants contended that plaintiff did not fulfill his duty of due care when he failed to look for a train at a point where his view was unobstructed prior to his crossing the tracks. 41-6-- In a memorandum decision, .the trial court ruled that Sec.' U. C.A. 1953, was mandatory and that a motorist, upon approaching a railroad crossing, was obligated to stop and not to proceed until he could do so under certain named conditions. The opinion stated that plaintiff did not stop his vehicle, that each partv was proceeding at a relatively slow speed, and that at the time plaintiff entered upon the railroad track, he was immediately struck by the train. The court was of the further opinion that the train was plainly visible to the plaintiff at the time he entered the crossing and was (a) (4), in a hazardous proximity to the crossing at that time, Sec. U. C.A. 1953. The trial court ruled that plaintiff was contributorily negligent as a matter of law on the grounds: (1) In failing to stop: (2) In not determining that an approaching train was in hazardous proximity to the crossing. 41-6-- t, daughter Mr. and Mrs. Iynn Peterson 128l 950 East, Draper, daughter Mr. and .Mrs. Dee Warns ley, 27-Julie Anq Way, West Jordan ily Plaintiff, who resided in Murray, Utah, was returning to his home from Tooele on April 1, 1970, at approximately 7 o'clock in the evening. Due to plaintiff's unfamiliarity with the area, he missed the Bacchus turnoff and continued in a southerly direction to approximately 6200 South. In this area he observed a dirt road which appeared to go in an easterly direction towards Kearns, and he turned and proceeded thereon. After traveling down this road for a distance-i- excess of a mile, he observed a cross buck marking a railroad crossing approximately 70 or 80 feet ahead. Plaintiff's view of the tracks in a northerly direction was obstructed by an embankment which was approximately 30 yards in length, 30 feet wide, and 15 to 20 feet high. Plaintiff estimated his speed at approximately 10 to 15 miles per hour. He testified that as he proceeded to the crossing he looked to the north and observed nothing since the embankment extended to a distance approximately 10 feet north of the crossing. He looked in a southerly direction, where his view was unobstructed, and he saw nothing. As he looked to the north again, the train and vehicle collided. Plaintiff conceded that there was sufficient space prior to crossing the tracks where a vehicle could stop, and the driver would have an unobstructed view in a northerly direction to determine if a train were daughter Mr. and Mrs. Claude Duccoura-n10320 7th East, Sandy, Truer Words Were Never Spoken Plaintiff, xnotcist, initiated this action to recover damages for the personal injuries he sustained in a collision with a train operated by the defendants. Defendants, on the basis of the pleadings and depositions, moved for summary judgment, which the trial court granted. Plaintiff appeals therefrom, urging that the trial court erred in finding him negligent as a matter of law. 41-6-- daughter 11261 vs. Bill rant svi lie, Tooele, Cty, son 12819 11509 and Mrs. Freedom Ave, Sandy, son, son Mr. and Mrs. Eldred W.Brlnt07 673 Uth Ave, son Mr. and Mrs. Melvin Leslie Osborne, 863 E. 2700 So. son Mr. and Mrs. Robert M. folder, - Pauline Pearl Mlnnick - Susy B. Barnett Jeffrey C. Barnett dau- Mr. and Mrs. Dan B. Skoubye, 9833 Amber Ln, Sandy, son Mr. and Mrs. B rent C.SmLth 5003 S. State St. son Mr, and Mrs. David N.T&layum-tew- a, 178 W. 00 No. son 1$r, 12818 Rrinkerhoff Grant svi lie, daughter Mr. and Mrs. James E.Greaaey 208 Campus Dr, daughter' Mr. and Mrs. Ronald Biehl,301 E. 2700 So. son Mr. and Mrs. Kirk D.Hoecherl 637 W.390 So. Hunter, son Mr. and Mrs. Leo E. McCullough 3701 S. 323 West, Granger, daughter Mr. and Mrs. Arland D.Mecham 368 El Glen Ave, Granger, Mr. and Mrs, J. Reed Thacker 790 Titian Way, son Mi', and Mrs. Carlyle M. Dailey 1331 Wagon Wheel Cl, Sandy, son Mr. and Mrs Chris D. Seals, ghter 12815 - Luella C. Humphreys va. William G. Humphreys 12817 L. M. Cummings, Clerk 95h F16or Tribune Bldg. HOSPITAL 123 University Village, 12814 - Rita Louise Muir va. James Gavin Muir 12816 Councseli Esplln ft Halllday Michael JD. Esplln 31 3. 3rd E. HOSPITAL Mr, and Mrs, Garth Divorces Filed 12809 Plaintiff Kennecott Copper Co. , Inc. , a Utah corporation, andF.H. Me Couley, Defendants and Respondents. Defendant Counsels Richard H. Moffat S. State No. 3, daughter Mr. and Mrs. Douglas Thompson 2680 E. 21st So. daughter Mr. and Mrs, Leonard Jlron, IO89 Logan Ave,aon Mr. and Mrs. Steven Bingham 18 N. 8th West, son Mr. and Mrs. Steven Mark Nick- son, Vernal, daughter Lynn D. Hathenbruck 655 So. 6th Vest 628 Moist ron Garr J. Lundquist, Plaintiff and Appellant, fill Mr. and Mrs, Billy Trujillo, 33 2nd Are ,Midvale, son Mr. and Mrs, Jan Reede,331 Brett Bullock 5926 Sanford Dr. In The Supreme Court Of The State Of Utah CALLISTER. Chief Justice; Robert D. Byran 61 E. 600 So. 16 G. Edvard HOSPITAL son Richard A. Stevena ' 78 Villowood Ave. Kelly Faux 6l E. 600 so. MARKS Mr. and Mrs. Robert Dayton, 2813 S 2380 West, Granger, son Mr. and Mrs. Melvin Stousser, 11972 S. 220 Vest, Riverton 6 E. 5900 SO. PAfit 95, 95 On appeal, plaintiff contends that the trial court improperly interpreted U. C.A. 1953, as compelling all motorists to stop upon approach- Sec. ing a railroad crossing. 41-6-- 95, Section 41-6-- 95, U. C.A. 1953 provides: 83 son Mr. and Mrs. Alfred C. Yazzie 198 S. 2nd West ,Murray, (a) Whenever any person driving a vehicle approaches a railroad grade crossing, the driver of such vehicle shall stop within fifty feet but not less than ten feet from the nearest track of such railroad and not proceed until he can do so safely when: A clearly visible electric or mechanical signal device gives warning of the immediate approach of a train. (1) IDS HOSPITAL Mr. and Mrs. Jay R. Thornton 2391 Park St. son Mr. and Mrs. Michael C.Ledlng- ham, 1612 Talisman Cl, daughter Mr. and Mrs. Calvin E.&noot 283 E. Spencer Way, ' Darmington daughter Mr. and Mrs. Raymond S, Gibson 6830 Spring Brook Way, son Mr. and Mrs. Bor ham Barham 962 8th East, daughter Mr. and Mrs Tan Packard, 83-- 6 1330 East, ' Sandy, daughter Mr. and Mrs. Glendyn C. Vincent 1832 Edison St. son Dr. and Mrs. Jonathan Horne 1872 Laird Ave, son Mr. and Mrs. Robert A. Larkin 202 8ylvan Ave, daughter Mr, and Mrs. Joseph E. Gibson 915 Herbert Ave, daughter Mr. and Mrs. Tom Merrill, 3 1000 East, son Mr. and Mrs. Benjamin J.Men- doza, 2030 Clyde, Layton, son Mr. and Mrs. Sherman C.&nith 333 1000 East, daughter Mr. and Mrs, Klell Aolandslid 7090 2983 East, son Mr. and. Mrs. Jerfery L.Chandon- ia, 3388 S. 200 West, Granger daughter Mr, and Mrs, Hugh D. Voorhees, 2332 Delia Dr, daughter crossing gate is lowered, or when a human flagman gives or continues to give a signal of the approach of passage (2) A of a train. railroad train approaching within approximately 1, 500 feet of the highway crossing emits a signal audible from such distance and such train by reason of its speed or nearness to such crossing is an immediate hazard. (3) A (4) An approaching train is plainly visible and is in hazardous proximity to such crossing. Emphasis added. The statute The term "whenever" means at any and all times. establishes a standard that at any and all times that a motorist approaches a railroad crossing, he shall stop and not proceed until he can do so safely when (on the conditions that)2 one of die four eneme rated circumstances are subsisting. Each of the four specified conditions are qualified by the word "when" and thus each becomes an adverbial clause explaining the circumstances under which the motorist is mandated to "stop!1 This interpreU. C.A. 1953, which completes a tation is consistent with Sec. scheme the circumstances under which a motorist is declaring statutory to commanded stop at railroad crossings. This latter statute authorizes state or local authorities to designate as particularly dangerous a grade crossing of a railroad and to erect a stop sign thereat. The statute then provides: ". . . When such stop signs are erected, the driver of any vehicle shall stop within fifty feel, but not less than ten feet from the nearest track of such grade crossing and shall proceed only upon exercising due care and observing that no train or trains are approaching. " 41-6-- 96, |